| Citation(s) |
|---|
| 1993 SLG 1590 1993 SLD 1590 = 1993 PLD 855 |
Lahore High Court
Writ Petition No8623 of 1993, decided on 19th September, 1993
Presented By: Before Abdul Majid Tiwana, J
Abdus Sattar NaJam and Syed Sharif Hussain Bukhari for
Respondent Ch. Muhammad Hussain for
Respondent No.2. Malik Maqbool Elahi and Faqir Muhammad Khokhar, Dy. A.-G. for
Writ Petition No8623 of 1993, decided on 19th September, 1993
Presented By: Before Abdul Majid Tiwana, J
Abdus Sattar NaJam and Syed Sharif Hussain Bukhari for
Respondent Ch. Muhammad Hussain for
Respondent No.2. Malik Maqbool Elahi and Faqir Muhammad Khokhar, Dy. A.-G. for
AL- JEHAD TRUST and others-Petitioners
VERSUS
Mian MANZOOR AHMAD WATTOO and 7 others --- Respondents
Law: Constitution of Pakistan 1973
Section: 50 , 51 , 49
Law: Capital Development Authority Ordinance, 1960
Section:
Constitution of Pakistan (1973)- ---- Art. 199---- Capital Development Authority Ordinance (X)M of 1960), Ss-50 & 51- --Constitutional jurisdiction of High Court---- High Court has ample jurisdiction to look into the allotment of plots by the Prime Minister of Pakistan in various Housing Schemes of the Capital Development Authority from their discretionary quota. Capital Development Authority Ordinance (XXIII of 1960)- ---- Ss. 50, 51 & 49-Land Disposal in Islamabad Regulations, 1985--Frammig of Regulations by Capital Development Authority---- Provisions of Ss. 50 & 51 of the Ordinance are ambiguously worded inasmuch as neither of these sections lays down any guidelines as on which subjects the Federal Government was to frame the rules and on which topics Capital Development Authority was to frame regulations, except to the extent that the Rules could not be framed on certain service matters mentioned in S. 38 of the Ordinance---- If provision of S. 49 be read with S. 51 of the Ordinance, then it can be said that the Authority could frame Rules for the disposal of the land vesting in it Land Disposal in Islamabad Regulations 1985 having been neither approved by the Federal Cabinet nor been published in the official Gazette to satisfy the requirement of S. 51 of the Ordinance were incapable of being acted upon--------------------------------------------------------------------------------- If the Authority or any of its functionaries had acted upon these regulations, all that was without lawful authority and of no legal effect. Capital Development Authority Ordinance (XXIII of 1960)- ---- Ss.. 49, 50 & 51---- Land Disposal in Islamabad Regulations, 1988, paras. 15, 18(c) & 19 --- Constitution of Pakistan (1973), Art. 199------------------------------------------------------------------- Enforcement of Shariah Act (X of 1991), S. 3---- Allotment of plots by Prime Minister from his discretionary quota --- Legality---- Paragraphs 15(i)(6); 15(ii)(7) and 15(ii-a) (ii) having been amended by notification dated 19-5-1993 which was not published in the official Gazette were ultra vires of the Capital…